Indictment — United States v. Robert Smith, III (D. Md., Dkt. 1, filed 09/26/23)

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An Indictment in United States v. Robert Smith, III, a/k/a "RADICAL ROB", Case 1:23-cr-00343-ELH, Document 1, filed September 26, 2023, in the U.S. District Court for the District of Maryland. Count One charges that on or about June 2, 2023, the defendant, knowing of a previous conviction for a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm described as a Taurus PT 738 TCP .380 caliber semiautomatic pistol, in violation of 18 U.S.C. § 922(g). A forfeiture allegation gives notice that the United States will seek forfeiture under 18 U.S.C. § 924(d), 21 U.S.C. § 853(p) and 28 U.S.C. § 2461(c) upon conviction. The signature block names Erek L. Barron, United States Attorney, with a line for the foreperson.

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Case 1:23-cr-00343-ELH Document1 Filed 09/26/23 Page 1 of 3

LNE 9.25.23
KFD: USAO# 2023R00468 SEP 96 2023
IN THE UNITED STATES DISTRICT COURT CLERKUS He oe court

DISTRICT OF MARYLAND

FOR THE DISTRICT OF MARYLAND

BY CB DEPUT:

UNITED STATES OF AMERICA *
* 2.
v. * CRIMINAL NO. ELH 3° 0HS
*
ROBERT SMITH, III, x

%

a/k/a “RADICAL ROB” (Possession of a Firearm by a
* Prohibited Person, 18 U.S.C. §
Defendant. * 922g); Forfeiture, 18 U.S.C. § 924(d),
* 21 U.S.C. § 853(p), and 28 U.S.C. §

2461(c))

*

INDICTMENT

COUNT ONE
(Possession of a Firearm by a Prohibited Person)

The Grand Jury for the District of Maryland charges that:
On or about June 2, 2023, in the District of Maryland, the defendant,
ROBERT SMITH, III,
knowing he had previously been convicted of a crime punishable by imprisonment for a term
exceeding one year, knowingly possessed a firearm, to wit, a Taurus PT 738 TCP .380 caliber
semiautomatic pistol bearing serial number 05131F, and the firearm was in and affecting

commerce.

18 U.S.C. § 922(g)
Case 1:23-cr-00343-ELH Document1 Filed 09/26/23 Page 2 of 3

FORFEITURE ALLEGATION

The Grand Jury for the District of Maryland further finds that:

l. Pursuant to Fed. R. Crim. P. 32.2, notice is hereby given to the defendant that the
United States will seek forfeiture as part of any sentence in accordance with 18 U.S.C. § 924(d),
21 U.S.C. § 853(p), and 28 U.S.C. § 2461(c), in the event of the defendant’s conviction under
Count One of this Indictment.

Firearms Forfeiture

Da Upon conviction of the offense alleged in Count One of this Indictment, the
defendant,
ROBERT SMITH, III,
shall forfeit to the United States, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), any
firearms and ammunition involved in the offense, including, but not limited to Taurus PT 738 TCP

.380 caliber semiautomatic pistol bearing serial number 05131F.

Substitute Assets
3. If, as a result of any act or omission of the defendant, any of the property described
above as being subject to forfeiture:
a. cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third person;
é, has been placed beyond the jurisdiction of the Court;
d. has been substantially diminished in value; or
6. has been commingled with other property which cannot be subdivided

without difficulty,
Case 1:23-cr-00343-ELH Document1 Filed 09/26/23 Page 3 of 3

the United States shall be entitled to forfeiture of substitute property up to the value of the
forfeitable property described above pursuant to 21 U.S.C. § 853(p), as incorporated by 28 U.S.C.
§ 2461(c).

18 U.S.C. § 924(d)
21 U.S.C. § 853(p)
28 U.S.C. § 2461(c)

Erek L. Barron sf
United States Attorney

A TRUE BILL:

Foreperson Date


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